De Souza & Anor v Shrestha [2025] EWHC 2302 (Ch) (17 April 2025)

De Souza & Anor v Shrestha [2025] EWHC 2302 (Ch) (17 April 2025)

The applicants are entitled to interim mandatory relief for payment of £103,235.30 as the funds are beneficially theirs under the expense-sharing agreement, there is no serious challenge to the amount due, and the balance of justice and convenience favours the applicants given their immediate need and the remoteness of the NHS claw-back liability.

Citation
[2025] EWHC 2302 (Ch)
Parties
Claimant: Dr Daniel Vaz De Souza; Claimant: Dr Ana Luisa Morais Massada De Souza; Defendant: Dr Rekha Shrestha
Jurisdiction
England and Wales
Judgment Date
17 April 2025
Procedural Posture
Interim Application for Mandatory Injunction / Interim Relief Hearing
Outcome
Mandatory interim injunction granted in part
Legal Topics
Interim Injunctions, Expense Sharing Agreements, Resulting Trusts, Balance of Convenience, Mandatory Relief
Civil Procedure Contract Law Equity Interim Injunctions Expense Sharing Agreements Resulting Trusts Balance of Convenience Mandatory Relief

Case Brief

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Parties

Dr Daniel Vaz De Souza

Claimant

Dr Ana Luisa Morais Massada De Souza

Claimant

Dr Rekha Shrestha

Defendant

Procedural Posture

Interim Application for Mandatory Injunction / Interim Relief Hearing

Legal Issues

  1. 1 Whether the applicants are entitled to a mandatory injunction for payment of £103,235.30 from a joint bank account
  2. 2 Whether the bank mandate should be rectified to allow payments by any two of three parties
  3. 3 Whether the balance of convenience favours granting interim relief

Ratio Decidendi

The applicants are entitled to interim mandatory relief for payment of £103,235.30 as the funds are beneficially theirs under the expense-sharing agreement, there is no serious challenge to the amount due, and the balance of justice and convenience favours the applicants given their immediate need and the remoteness of the NHS claw-back liability.

Court Disposition

Mandatory interim injunction granted in part

Orders

  • Defendant to authorise payment of £103,235.30 from the joint Lloyds Bank account to the applicants
  • No order made regarding rectification of the bank mandate or future amendments